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Alaska101

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About Alaska101

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  1. OK @FTMDave Will hang fire on this fror a couple of days until I get more feedback.
  2. So VCS has sent me a letter (Attached) saying Elms Legal are no longer representing them. They have requested I settle for £175 within 14 days or they would continue with the claim. My N180 response to Elms went out on 13th (a day before the attached letter was dated/typed) so I guess either I can ignore VCS request or be a little generous and send them a copy of N180 too as I am not negotiating? 7. Elms Service Termination - VCS_Redacted.pdf
  3. thanks @Andyorch for this link about how to proceed on "small court claims allocation" here But I have a couple of Questions if anyone can answer please: 1. Am I right to think that Form EX730 (which i have received from County court) is just for information and I do not have to send it back with N180? 2. NO to Mediation (A1) since its a parking claim? 3. YES to C1/Small claims Track I believe (not a question). 4. NO to Expert Evidence? 5. I am away from UK for work between 02-May-21 and 09-Jun-21, should I mention these dates in D4/Hearing? and If I do
  4. So I have received a "Proposed Allocation to the Small Claims Track" from Northampton County court. I have attached a redacted copy. It puts a lot of emphasis on mediation. I believe we are not going to mediate? any help would be appreciated. Thank You 5. Notice of Proposed Allocation to Small Claims Track_Redacted.pdf
  5. absolutely agree with you Dave. I have edited the defence for now. what you reckon? 1. The Defendant is the recorded OR registered keeper of ........ 2. The signage is prohibitive in nature and not a genuine offer of a contract for consideration. In any case it is denied that the Claimant entered into a contract with the Defendant. 3. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.
  6. I have looked around and compiled below points for my defence so far. As Elms have not provided any contract with EMA or any planning permission so I'm not too sure if i can assert whether claimant had any contract in place with the landowner at the time of alleged contravention. Please have a look and advise further. 1. The Defendant is the recorded OR registered keeper of ******* 2. The land is covered by its own byelaws so not "relevant land" under the POFA and that the byelaws create a supremacy of contract over VCS signage so no liability created. 3
  7. below is the exact wording of their response. I am writing to you with regards to t he above reference number. Upon review of your letter dated 19/03/ 2021making a request under CPR 31.14, I would like to refer you to CPR 31 .1(2) where it states: "This Part applies to all claims except a claim on the small claims track” As this matter will be part of the Small Claims Track as the amount claimed is less than £10,000.00, CPR 31 does not apply to this claim; however, please find enclosed an evidence pack for your perusal. Please be advised that as
  8. Please ignore my previous post. Elms have only provided response to point 03 (see below) of CPR31 request. I have attached all the docs they sent me (took me hours to convert 267mb pdf to 4.2mb lol). They have neither provided any contract nor proof of planning permission etc. See Attached. Any furtrher guidance would be much appreciated. Thank you 1. The contract between Vehicle Control Services Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. 2. Proof of planning permission gr
  9. so Elms have replied with all the requested docs. They did say they were not obliged as CPR31 only deals with larger claims.
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